DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 11-29 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected inventions, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/11/2026.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 5-6 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (Enhanced biodegradation of coal gasification wastewater with anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar) herein known as Shi, in view of Hashimoto et al. (Wastewater treatment using activated sludge entrapped in polyethylene glycol prepolymer) herein known as Hashimoto.
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(Fig. 2, Shi)
Regarding Claims 1 and 5, Shi is directed to explore the feasibility of anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar in strengthening anaerobic degradation of phenolic compounds and selected nitrogen heterocyclic compounds (NHCs) in coal gasification wastewater (CGW) ( Abstract).
Shi discloses a composition comprising: a biofilm comprising at least two species of microbes ([Abstract, [ The primary objective was to explore the feasibility of anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar in strengthening anaerobic degradation of phenolic compounds and selected nitrogen heterocyclic compounds (NHCs) in coal gasification wastewater (CGW)]; Section 3.2. Analysis of microbial community structure, [The summary of bacterial community at the phylum level was shown in Fig. 2. The dominant bacterial communities included Proteobacteria, Chloroflexi, Bacteroidetes, Aminicenantes, Caldiserica, Euryarchaeota, Planctomycetes, Firmicutes, Actinobacteria, and Verrucomicrobia]).
However, Shi is silent to an encapsulant encapsulating the biofilm (Claim1), wherein the encapsulant includes polyethylene glycol (PEG) (Claim5).
Hashimoto is directed to Wastewater Treatment Using Activated Sludge Entrapped in Polyethylene Glycol Prepolymer (Title).
Hashimoto discloses an encapsulant (Entrapped) encapsulating the biofilm (Claim 1), wherein the encapsulant includes polyethylene glycol (PEG) (Claim5) (Title, [Wastewater Treatment Using Activated Sludge Entrapped in Polyethylene Glycol Prepolymer]; Page 424, Left col, 2nd paragraph, Lines 3-5, [portion of the activated sludge was suspended in a polyethylene glycol (PEG) prepolymer solution containing a promoter]; Page 426, Left Column, paragraph 1, Lines 1-11, [The immobilization of microorganisms in Polyethylene Glycol Prepolymer PEG pellets is thus suitable for high-loading operations. In conclusion, it was found that PEG pellets could hold a large number of heterotrophic bacteria, giving them an advantage over conventional methods. The life span of the pellets in terms of their activity and physical properties is at least 2.5 years. The method using PEG pellets described here is thus considered to be feasible for the treatment of organic wastewater discharged from semiconductor plants.]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Shi ‘s composition, wherein an encapsulant (Entrapped) encapsulating the biofilm (Claim1), wherein the encapsulant includes polyethylene glycol (PEG) (Claim5), as taught by Hashimoto, because the immobilization of microorganisms in Polyethylene Glycol Prepolymer PEG pellets is thus suitable for high-loading operations. In conclusion, it was found that PEG pellets could hold a large number of heterotrophic bacteria, giving them an advantage over conventional methods. The life span of the pellets in terms of their activity and physical properties is at least 2.5 years. The method using PEG pellets described here is thus considered to be feasible for the treatment of organic wastewater discharged from semiconductor plants (See Hashimoto, [Page 426, Left Column, paragraph 1, Lines 1-11]), yielding nothing more than predictable results.
Regarding Claims 2-3, modified Shi teaches all the limitations in claim 1 as set forth above.
Shi discloses wherein the biofilm comprises a support material on which at least a portion of the microbes grow (Claim 2), wherein the support material comprises biochar or powdered activated carbon. (Claim 3) ([Abstract, [ The primary objective was to explore the feasibility of anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar in strengthening anaerobic degradation of phenolic compounds and selected nitrogen heterocyclic compounds (NHCs) in coal gasification wastewater (CGW)]; Page 6, Left col., Paragraph 1, Lines 7-11, [Methanolinea have well tolerance to acid environment and can grow better than other methanogens (Li et al., 2018), which explained the phenomenon that Methanolinea became the dominant genus on anaerobic biofilm on PU. Methanoregula was another one dominant genus on anaerobic biofilm on PU]).
Regarding Claim 6, modified Shi teaches all the limitations in claim 1 as set forth above.
Shi discloses the composition of claim 1, wherein at least one species (Proteobacteria) of microbe in the biofilm is selected based on its ability to consume a component of wastewater (phenols and the NHCs ) (Page 4, Left Col, 2nd Paragraph, [The enrichment of Proteobacteria may explain the phenomenon that R1 had more effective degradation ratio on the phenols and the NHCs]).
Regarding Claim 9, modified Shi teaches all the limitations in claim 1 as set forth above.
Shi discloses, wherein at least one species of microbe in the biofilm is selected based on its ability to exchange metabolites with another species of microbe in the biofilm (Page 4, Left Col, 2nd Paragraph, [The summary of bacterial community at the phylum level was shown in Fig. 2. The dominant bacterial communities included Proteobacteria, Chloroflexi, Bacteroidetes, Aminicenantes, Caldiserica, Euryarchaeota, Planctomycetes, Firmicutes, Actinobacteria, and Verrucomicrobia. Proteobacteria was the most abundant phylum among the four reactors. It was interesting that the proportion of Proteobacteria in R1 (66.56%) was much larger than the other groups (20.86% in R0, 24.47% in R2 and 22.03% in R3). Proteobacteria belongs to Gram-negative bacteria, which can allow the diffusion of various metabolites between the periplasmic spaces. This function permits the diffusion of metabolites and helps in effective electron transfer (Goud and Mohan, 2013). The enrichment of Proteobacteria may explain the phenomenon that R1 had more effective degradation ratio on the phenols and the NHCs. Chloroflexi was the second dominant phylum in R0, R1, R2, and R3, whose relative abundance was 19.1%, 6.78%, 18.65%, and 16.88%, respectively. Compared to the other reactors, the proportion of Chloroflexi in R1 decreased a lot]).
Regarding Claim 10, modified Shi teaches all the limitations in claim 1 as set forth above.
Shi discloses a method of treating wastewater, the method comprising contacting wastewater with the composition of claim 1([Abstract, [ The primary objective was to explore the feasibility of anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar in strengthening anaerobic degradation of phenolic compounds and selected nitrogen heterocyclic compounds (NHCs) in coal gasification wastewater (CGW)]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (Enhanced biodegradation of coal gasification wastewater with anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar) herein known as Shi, in view of Hashimoto et al. (Wastewater treatment using activated sludge entrapped in polyethylene glycol prepolymer) herein known as Hashimoto, as applied to claim 1, and further in view of Alma Dal Co et al. (Spatial self-organization of metabolism in microbial systems: A matter of enzymes and chemicals) herein known as Alma.
Regarding Claim 4, modified Shi teaches all the limitations in claim 1 as set forth above.
However modified Shi is silent to the composition of claim 1, wherein members of the at least two species of microbes are in sufficient proximity to exchange metabolites.
Alma is directed to spatial self-organization of metabolism in microbial systems ( Title).
Alma discloses wherein members of the at least two species of microbes are in sufficient proximity to exchange metabolites. (Page 100, Left Col., Section Metabolite exchange through direct cell-cell, [In some cases, cells can directly exchange metabolites through physical connections. For example, in filamentous bacteria, neighboring cells can exchange molecules through pores in the membrane]).
Alma also discloses the metabolic processes performed by microbes are of critical importance for the health and well-being of humans and the planet. Many of these processes depend on the spatial organization of metabolic reactions within the microbial community. For example, the overall metabolic activity of wastewater biofilms depends critically on metabolic interactions between cells growing in the anoxic core with those in the oxic surface layer (Conclusion).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Shi ‘s composition, wherein members of the at least two species of microbes are in sufficient proximity to exchange metabolites, as taught by Alma, because the overall metabolic activity of wastewater biofilms depends critically on metabolic interactions between cells growing in the anoxic core (See Alma, [Conclusion), yielding nothing more than predictable results.
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shi et al. (Enhanced biodegradation of coal gasification wastewater with anaerobic biofilm on polyurethane (PU), powdered activated carbon (PAC), and biochar) herein known as Shi, in view of Hashimoto et al. (Wastewater treatment using activated sludge entrapped in polyethylene glycol prepolymer) herein known as Hashimoto, as applied to claim 1, and further in view of Daryl et al. (Kinetics of Phenol Biodegradation by an Immobilized Methanogenic Consortium) herein known as Daryl.
Regarding Claims 7-8, modified Shi teaches all the limitations in claim 1 as set forth above.
However modified Shi is silent to the composition of claim 1, wherein at least one species of microbe in the biofilm is selected based on its ability to produce a desirable product (Claim 7), the composition of claim 7, wherein the desirable product is methane, hydrogen, a medium chain fatty acid, a lipid, acetate, an alcohol, a hydrocarbon, a polymerizable monomer, or a compound that is a precursor for production of a commercial or industrial chemical (Claim 8).
Daryl is directed to Kinetics of Phenol Biodegradation by an Immobilized Methanogenic Consortium (Title).
Daryl discloses wherein at least one species of microbe in the biofilm is selected based on its ability to produce a desirable product (Claim 7), wherein the desirable product is methane, hydrogen, a medium chain fatty acid, a lipid, acetate, an alcohol, a hydrocarbon, a polymerizable monomer, or a compound that is a precursor for production of a commercial or industrial chemical (Claim 8) (Title, [Kinetics of Phenol Biodegradation by an Immobilized Methanogenic Consortiumt]; Abstract, [A phenol-degrading methanogenic enrichment was successfully immobilzed in agar as shown by the stoichiometric conversion of phenol to CH4 and CO2. The enrichment contained members of three physiological groups necessary for the syntrophic mineralization of phenol: a phenol-oxidizing bacterium, a Methanothrix like bacterium, and an H2-utilizing methanogen. The immobilization technique resulted in the cells versus immobilized cells]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to modify Shi ‘s composition, wherein at least one species of microbe in the biofilm is selected based on its ability to produce a desirable product (Claim 7), the composition of claim 7, wherein the desirable product is methane, hydrogen, a medium chain fatty acid, a lipid, acetate, an alcohol, a hydrocarbon, a polymerizable monomer, or a compound that is a precursor for production of a commercial or industrial chemical (Claim 8), in order for conversion of phenol to CH4 and CO2 (See Daryl, [Abstract]), yielding nothing more than predictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MAHMOUD MOTAZ ABDEL LATIF whose telephone number is (571)272-6535. The examiner can normally be reached Monday-Friday 8:30-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Benjamin L Lebron can be reached at 571-272-0475. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MAHMOUD MOTAZ ABDEL LATIF/Examiner, Art Unit 1773
/BENJAMIN L LEBRON/Supervisory Patent Examiner, Art Unit 1773
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